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Questions Answered by Neil Pedersen
1 Answer | Asked in Employment Law and Contracts for California on
Q: Contract wanted a project; I asked to be paid. Now they're threating lawsuit. What are my options?

I left a job, because I could no longer afford to not be paid for over 2 months. I demoed the code project after those few months and they wanted more outside the original scope of the project. I asked them to pay for what I had to continue and they refused until the project was done. I stopped... View More

Neil Pedersen
Neil Pedersen
answered on Jan 4, 2024

Your best approach to this is to locate and consult with a business litigation attorney. This is a breach of contract situation. Depending on the agreement, it may be that you will have to litigate in Virginia, not California.

If you wish to avoid litigation, you could try to hire an...
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2 Answers | Asked in Employment Law for California on
Q: I am planning to leave my company and gave a 2 week notice of resignation, but didn't know they require a 30 day notice.

What happens if I leave after the 2 weeks and do not stay the full 30 days? The employment contract doesn't seem to outline the repercussions of leaving early. If they do sue me for breach of contract what are they able to sue me for?

Neil Pedersen
Neil Pedersen
answered on Jan 3, 2024

If your contract has you promising to give 30 days notice and you leave without giving that notice, then you have technically breached the contract. The remedies for breach of contract are any damages reasonably caused by the breach. That means if the employer chose to sue you for breach of... View More

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2 Answers | Asked in Employment Law for California on
Q: I have not received any increases since 2000. Shouldn't I have gotten COLA increases? It has increased 79%

30 years of service. Was forced out and was not ready to retire at 50. I was a manager and those who stayed had a lot less time in service.

Neil Pedersen
Neil Pedersen
answered on Dec 30, 2023

In California you are considered to be an at will employee unless you had an agreement to the contrary about that status with your employer. The employer of an at will employee has no legal duty to give you raises. In fact the employer has the right to change your pay - up or down - at any time... View More

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2 Answers | Asked in Employment Law for California on
Q: I’ve already file for lost wages with the labor department commissioner and yet to receive or heard any response from

For them how long should I wait or how long does the process take for the labor department gets back to me…. Should I be better of just getting a lawyer and get it over with….i have all paperwork showing that I was working for the company to date such as my hire date and termination date, but... View More

Neil Pedersen
Neil Pedersen
answered on Dec 27, 2023

Litigation (i.e. filing a lawsuit) has its delays too. However this is a confusing and somewhat difficult issue, and your post suggests you are going to entitled to more than just lost wages. I think it would be very wise for you to locate and consult with an experienced employment law attorney... View More

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2 Answers | Asked in Criminal Law and Employment Law for California on
Q: Can I become a software engineer with 2 misdemeanors and a dui in California??

I’ve had 2 misdemeanors and a dui on my record and I was wondering if I can still get a job as a software engineer in California one of the misdemeanors was cruelty to elders and the other was vandalism should I get them expunged would that help?

Neil Pedersen
Neil Pedersen
answered on Dec 26, 2023

First it is important to know that an employer in California cannot even ask you if you have any criminal history unless and until you are given a conditional offer of employment. Only then can the employer ask for your criminal history. If after you provide your criminal history the employer... View More

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3 Answers | Asked in Employment Law for California on
Q: Started my new job, 3 days in and found out I was terminated on my second day, brought it to hr attention and was told

There was a mistake on there behalf, for me to keep working they get it fix today, on my 4th day still no changes made so I’ve been stress and worried about my employment status and if I was even going to get paid, which lead to my performance and productivity decrease, causing me to get... View More

Neil Pedersen
Neil Pedersen
answered on Dec 26, 2023

If you worked for a government entity, you have no right to penalties if you get your final check within a reasonable period of time.

Otherwise, your employer needs to provide you with a final check on the day of your termination. A willful failure to pay you on time should allow you to...
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2 Answers | Asked in Employment Law for California on
Q: I was terminated from my employer and haven’t received my final check, ask and I was told I have to wait

For the next pay period, which is a week ahead, can they do this?

Neil Pedersen
Neil Pedersen
answered on Dec 26, 2023

The answer to your question depends on m any tings not included in your question, including Whether your employer is a governmental entity, and whether you worked in California or somewhere else.

If you worked in California for a non-governmental employer it is violating the law. Your...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I noticed an error on my recent paystub where my OT hours were paid to me as Regular rate. Reported that to my employer

I noticed an error on my recent paystub where my OT hours were paid to me at my Regular pay rate. Reported that to my employer immediately and I was told he would send me a check for the amount that was missing. Its been a week and I haven't received any checks and no additional update from... View More

Neil Pedersen
Neil Pedersen
answered on Dec 26, 2023

Mistakes happen and California law allows employers to make unintentional pay mistakes without consequences. As long as the employer fixes the mistake before or on the next pay period. there is likely no legal case.

If you can determine that this action was not a mistake, then penalties...
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2 Answers | Asked in Employment Law for California on
Q: If I was terminated from my job, how long does it takes to get my final paycheck in the state of California

Started my new job, on the 4th day my trainer told me to sign on to my employee portal so I can sign off on the company code of conduct form. Onced logged in I notice that I’ve had already been terminated on my second day, I brought it up to my supervisor and HR attention they say it was fine... View More

Neil Pedersen
Neil Pedersen
answered on Dec 26, 2023

If you worked for a government employer, you only have to be paid your final paycheck within a reasonable time.

If you worked in California for a non-government employer, you are entitled to receive your final wages on the day you are terminated. A willful failure to timely pay your final...
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3 Answers | Asked in Small Claims, Employment Law and Employment Discrimination for California on
Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?

I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my... View More

Neil Pedersen
Neil Pedersen
answered on Dec 17, 2023

You are considered to be an at will employee unless you had an agreement with your employer to the contrary. The employer of an at will employee can discipline or terminate the employee at any time and for any reason or even no reason at all. Having an altercation with a co-worker, regardless of... View More

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2 Answers | Asked in Employment Law for California on
Q: My boss asked me to sign the resignation of agreement at my last work day. I sent him a email which I disagree it.

After 4 weeks I haven’t received any reply from my boss. And he rejected my phone calls three times and replied from my original email that his company will answer me the next day. Then I received a lawyer email with the wrong information. They added more compensation than the original... View More

Neil Pedersen
Neil Pedersen
answered on Dec 16, 2023

What you refer to as a resignation agreement is likely a severance agreement. You have no legal duty to sign any document at the conclusion of your employment with a company. DO NOT SIGN an agreement resigning from your employment unless and until you get some basic legal advice about what you... View More

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3 Answers | Asked in Employment Law for California on
Q: Can HR force me into investative interviews without telling me what I'm accused of?

I feel like I cannot defend myself if they are able to surprise me with accusations, since all their accusations have been false. Do I have any right to know what I'm facing before they start questioning me?

Neil Pedersen
Neil Pedersen
answered on Dec 16, 2023

Your employer has the right to speak to you about anything related to the workplace. You have the right to refuse. If you do, the employer has the right to discipline or terminate you. If the allegations against you relate to criminal activity, you should seek advice from a criminal defense... View More

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2 Answers | Asked in Employment Law for California on
Q: Can I get fired for “stealing their recipe” when there is no proof whatsoever?

Got fired from a bagel shop for trying to “steal their bagel recipe” which I had no intention of doing. I also would like to add that I was off work for 5 days and once I returned I was fired. So it really came to shock because it seem like it was out of nowhere. I asked for written termination... View More

Neil Pedersen
Neil Pedersen
answered on Nov 27, 2023

In short, yes.

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate that employee at any time and for any reason or even for no reason at all....
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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.

Neil Pedersen
Neil Pedersen
answered on Nov 26, 2023

The comment made to you may or may not be part of a claim of disability discrimination or harassment. However absent an adverse employment action it would likely, alone, not be enough to have a legal claim for discrimination.

A claim for harassment must involve severe or pervasive conduct,...
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3 Answers | Asked in Small Claims and Business Law for California on
Q: I have a LLC , I was hired to build a fence from someone who was hired by a homeowner the person who hired me turns out

The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ?

Neil Pedersen
Neil Pedersen
answered on Nov 23, 2023

This question appeared in the Employment law section. However this is not an employment law issue.

You are an independent contractor, and the rules of contracts will apply. You sue the person for breach of contract. Depending on the amount of money involved you can sue small claims...
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2 Answers | Asked in Employment Law for California on
Q: Can an employer fire an employee over a safety update they were never given?

Employer never sat down the employee, made sure they read it, understood it, had any questions about it and asked if they would sign.

This is in regards to theme park safety updates on attractions.

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2023

The answer of Mr. Arrasmith is created by a computer using artificial intelligence and posted by a family law attorney. It is misleading and wrong.

He says "If an employee is terminated for not adhering to a safety update they were never given, this could be seen as an unfair labor...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega

My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe

Neil Pedersen
Neil Pedersen
answered on Nov 17, 2023

If you can perform your old job without violating your doctor's restrictions then what your supervisor is doing is unlawful - a violation of the California Fair Employment and Housing Act. What you are experiencing is something called perceived disability discrimination.

locate and...
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4 Answers | Asked in Civil Litigation, Employment Law and Personal Injury for California on
Q: A neighbor called my work falsely accusing me of selling drugs to him, I got a copy of the call and he gives his name

The story he told is all lies is there anything I can do?

Neil Pedersen
Neil Pedersen
answered on Nov 15, 2023

The responses you have already received are accurate that the way you can address someone telling others objectively untrue falsehoods that adversely affect your reputation is a lawsuit for defamation. However, having a right to have a meritorious defamation claim does not mean bringing such a... View More

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3 Answers | Asked in Employment Law for California on
Q: The first year and a half I was paid under the table and didn't get ten minute breaks I'm I owed money?

After the first year and half everyone started getting pay stubs and got two ten minute breaks before that it was just cash. I recently quit this job and picked up my last pay check from when on the books but was still wondering if I was owed any money for the first year and a half that we... View More

Neil Pedersen
Neil Pedersen
answered on Nov 14, 2023

Likely you are owed money for the issues you have identified and other bases as well. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or... View More

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3 Answers | Asked in Employment Law for California on
Q: When an employer quit a job how long does it take for the company have to pay you your last check in California?
Neil Pedersen
Neil Pedersen
answered on Nov 14, 2023

It depends on the nature of your employer.

A government employer must pay your final paycheck within a reasonable time. That standard will depend on the circumstances of your particular situation.

A non-government employer must pay you your final check on the day you are...
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